Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 10/31/2017) |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87626700 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
PETITION |
PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and
requests the USPTO to revive the abandoned application. |
RESPONSE TO OFFICE ACTION |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/87626700/large |
LITERAL ELEMENT |
HULU |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
******************************************************************************
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Hulu, LLC
Application Serial No.: 87626700
Filing Date: September 28, 2017
Mark: HULU (Stylized)
Examining Attorney: John Wilke
Law Office: 104
******************************************************************************
APPLICANT’S RESPONSE TO OFFICE ACTION
Applicant Hulu, LLC (“Applicant”), by and through its attorneys, respectfully submits this Response to Office Action (the “Response”) in connection with Application Serial No.
87626700 (the “Application”). Applicant is responding to the Office Action dated November 29, 2017 (the “Office Action”).
The issues raised by the Office Action concern requirements to amend certain wording in the identification of goods and services that the Examining Attorney has deemed indefinite
and/or in need of clarification. Applicant responds as follows:
Class 16 Identification
Applicant hereby amends the indefinite wording, and amends the Class 16 identification to read as follows:
Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films,
television, and sports; bumper stickers; calendars; stationery; non-magnetically encoded gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay;
newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements
Class 18 Identification
Applicant hereby accepts the deletion of “leather key chains” as proposed by the Examining Attorney, and amends the Class 18 identification to read as follows:
All purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel bags; gym bags; handbags; knapsacks; key cases;
luggage tags; overnight bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets
Class 35 Identification
Applicant hereby accepts the wording as proposed by the Examining Attorney, and amends the Class 35 identification to read as follows:
Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail store services featuring
downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos
Class 38 Identification
The Examining Attorney states that the term “listservers” in the Class 38 identification does not identify a common commercial name, and the nature of the services is unclear.
According to the Trademark ID Manual, “listservers” is an acceptable term. The term is listed under Term ID No. 038-267 in Class 38 and reads as
follows: “Providing on-line listservers for transmission of messages among computer users concerning {indicate field or subject matter}.” EXHIBIT
A.
Applicant respectfully requests that the term “listservers” remain in the Application, and amends the indefinite wording in the Class 38 identification as follows:
Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network;
transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music;
transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet in
the fields of news, current event reporting, entertainment, sports, comedy, drama, films, television, music, and music videos; providing online electronic bulletin boards for transmission of messages
among users in the field of general interest; web messaging services; video-on-demand transmission services; providing online forums and listservers for transmission of messages featuring current
event reporting, entertainment, sports, comedy, drama, music, and music videos
Class 41 Identification
Applicant hereby accepts the wording as proposed by the Examining Attorney, and amends the Class 41 identification to read as follows:
Education and entertainment services, namely, online services featuring non-downloadable videos and information in the fields of current event
reporting, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion
pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos,
music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others
online for streaming or downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos;
production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news, entertainment,
sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on CDs, DVDs,
interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and
computer game software; providing blogs in the nature of an online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos;
providing a website featuring audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and
photographs, in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games
*********************************************
Applicant respectfully submits that it has now satisfactorily resolved all issues raised in the Office Action. Accordingly, Applicant respectfully
requests that, with the above amendments, the Application should now be approved for publication.
The Examining Attorney is invited to contact the undersigned with any remaining questions or concerns.
Respectfully submitted,
/Curtis Krechevsky/
Curtis Krechevsky
Cantor Colburn LLP
Attorneys for Applicant Hulu, LLC
Our Ref: HUL0366TUS
Curtis Krechevsky, Esq.
Cantor Colburn LLP
20 Church Street
22nd Floor
Hartford, Connecticut 06103-3207 U.S.A.
Phone: 860-286-2929
Fax: 860-286-0115
Email: TM-CT@cantorcolburn.com
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_12227902-20180530094936245468_._EXHIBIT_A.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\879\803\87980386\LM2Copy\87626700\1\POA8\POA2.JPG |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of
general entertainment, news, music, films, television, and sports; bumper stickers; calendars; stationery; gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads;
modeling clay; newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films,
television, and sports; bumper stickers; calendars; stationery; gift
cards; non-magnetically encoded gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay; newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing
implements |
FINAL DESCRIPTION |
Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of
general entertainment, news, music, films, television, and sports; bumper stickers; calendars; stationery; non-magnetically encoded gift cards; gift wrapping paper; globes; greeting cards; guest
books; maps; memo pads; modeling clay; newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
All purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel
bags; gym bags; handbags; knapsacks; key cases; leather key chains; luggage tags; overnight bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
All purpose sport bags; athletic bags; backpacks;
beach bags; book bags; calling card cases; change purses; coin
purses; duffel bags; gym bags; handbags; knapsacks; key
cases; leather key chains; luggage tags; overnight bags; purses;
satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets |
FINAL DESCRIPTION |
All purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel
bags; gym bags; handbags; knapsacks; key cases; luggage tags; overnight bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(no change) |
GOODS AND/OR SERVICES SECTION (028)(no change) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail shopping
site services featuring streaming or downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail shopping site services featuring streaming or downloadable audio-visual content in the
fields of news, entertainment, sports, comedy, drama, music, and music videos; online retail store services featuring downloadable audio-visual content in the
fields of news, entertainment, sports, comedy, drama, music, and music videos |
FINAL DESCRIPTION |
Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail store
services featuring downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and
music videos via a global computer network; transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television
programming, videos, music videos, and music; transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservers for
transmission of messages and blogs over the Internet; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services;
video-on-demand transmission services; providing online forums and listservers for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music
videos |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy,
drama, music, and music videos via a global computer network; transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and
clips from motion pictures, television programming, videos, music videos, and music; transmission of video and interactive games; podcasting and
webcasting services; providing access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet; providing access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet in the fields of news, current event reporting,
entertainment, sports, comedy, drama, films, television, music, and music videos; providing online electronic bulletin boards for transmission of messages among users in the
field of general interest; web messaging services; video-on-demand transmission services; providing online forums and
listservers for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos |
FINAL DESCRIPTION |
Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and
music videos via a global computer network; transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television
programming, videos, music videos, and music; transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservers for
transmission of messages and blogs over the Internet in the fields of news, current event reporting, entertainment, sports, comedy, drama, films, television, music, and music videos; providing online
electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand transmission services; providing online forums and
listservers for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Education and entertainment services, namely, online services providing audio-visual content in the fields of current event
reporting, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion
pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos,
music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others
online for streaming or downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos;
production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news, entertainment,
sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on CDs, DVDs,
interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and
computer game software; providing blogs in the nature of an online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos;
providing a website featuring audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and
photographs, in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Education and entertainment services, namely, online services providing audio-visual content in the
fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; Education and entertainment services, namely, online services
featuring non-downloadable videos and information in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing
interactive online games; providing online information via a global computer network on the subjects of motion pictures, television programming, videos, music videos, and
music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to
viewer's programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others online for
streaming or downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos;
production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of
news, entertainment, sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming,
videos, music videos, and music, on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music
videos; rental of video games; production of video and computer game software; providing blogs in the nature of an
online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring
audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of
current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games |
FINAL DESCRIPTION |
Education and entertainment services, namely, online services featuring non-downloadable videos and information in the fields of
current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects
of motion pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming,
videos, music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of
others online for streaming or downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music
videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news,
entertainment, sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on
CDs, DVDs, interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of
video and computer game software; providing blogs in the nature of an online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music
videos; providing a website featuring audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film
clips, and photographs, in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(no change) |
PAYMENT SECTION |
TOTAL AMOUNT |
100 |
TOTAL FEES DUE |
100 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Curtis Krechevsky/ |
SIGNATORY'S NAME |
Curtis Krechevsky |
SIGNATORY'S POSITION |
Attorney of Record, Massachusetts State Bar Member |
SIGNATORY'S PHONE NUMBER |
860-286-2929 |
DATE SIGNED |
05/30/2018 |
RESPONSE SIGNATURE |
/Curtis Krechevsky/ |
SIGNATORY'S NAME |
Curtis Krechevsky |
SIGNATORY'S POSITION |
Attorney of Record, Massachusetts State Bar Member |
SIGNATORY'S PHONE NUMBER |
860-286-2929 |
DATE SIGNED |
05/30/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed May 30 13:56:45 EDT 2018 |
TEAS STAMP |
USPTO/POA-XX.XXX.XX.X-201
80530135645107163-8762670
0-6106aaa778c0937866e7ffb
2a2de9c7a1d7cbb18bceeb3a7
4cafbc4ecebd54754-CC-190-
20180530094936245468 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 10/31/2017) |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
To the Commissioner for Trademarks:
Application serial no.
87626700 HULU (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/87626700/large) has been amended as follows:
PETITION Petition
Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.
RESPONSE
TO OFFICE ACTION
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
******************************************************************************
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Hulu, LLC
Application Serial No.: 87626700
Filing Date: September 28, 2017
Mark: HULU (Stylized)
Examining Attorney: John Wilke
Law Office: 104
******************************************************************************
APPLICANT’S RESPONSE TO OFFICE ACTION
Applicant Hulu, LLC (“Applicant”), by and through its attorneys, respectfully submits this Response to Office Action (the “Response”) in connection with Application Serial No.
87626700 (the “Application”). Applicant is responding to the Office Action dated November 29, 2017 (the “Office Action”).
The issues raised by the Office Action concern requirements to amend certain wording in the identification of goods and services that the Examining Attorney has deemed indefinite
and/or in need of clarification. Applicant responds as follows:
Class 16 Identification
Applicant hereby amends the indefinite wording, and amends the Class 16 identification to read as follows:
Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films,
television, and sports; bumper stickers; calendars; stationery; non-magnetically encoded gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay;
newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements
Class 18 Identification
Applicant hereby accepts the deletion of “leather key chains” as proposed by the Examining Attorney, and amends the Class 18 identification to read as follows:
All purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel bags; gym bags; handbags; knapsacks; key cases;
luggage tags; overnight bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets
Class 35 Identification
Applicant hereby accepts the wording as proposed by the Examining Attorney, and amends the Class 35 identification to read as follows:
Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail store services featuring
downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos
Class 38 Identification
The Examining Attorney states that the term “listservers” in the Class 38 identification does not identify a common commercial name, and the nature of the services is unclear.
According to the Trademark ID Manual, “listservers” is an acceptable term. The term is listed under Term ID No. 038-267 in Class 38 and reads as
follows: “Providing on-line listservers for transmission of messages among computer users concerning {indicate field or subject matter}.” EXHIBIT
A.
Applicant respectfully requests that the term “listservers” remain in the Application, and amends the indefinite wording in the Class 38 identification as follows:
Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network;
transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music;
transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet in
the fields of news, current event reporting, entertainment, sports, comedy, drama, films, television, music, and music videos; providing online electronic bulletin boards for transmission of messages
among users in the field of general interest; web messaging services; video-on-demand transmission services; providing online forums and listservers for transmission of messages featuring current
event reporting, entertainment, sports, comedy, drama, music, and music videos
Class 41 Identification
Applicant hereby accepts the wording as proposed by the Examining Attorney, and amends the Class 41 identification to read as follows:
Education and entertainment services, namely, online services featuring non-downloadable videos and information in the fields of current event
reporting, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion
pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos,
music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others
online for streaming or downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos;
production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news, entertainment,
sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on CDs, DVDs,
interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and
computer game software; providing blogs in the nature of an online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos;
providing a website featuring audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and
photographs, in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games
*********************************************
Applicant respectfully submits that it has now satisfactorily resolved all issues raised in the Office Action. Accordingly, Applicant respectfully
requests that, with the above amendments, the Application should now be approved for publication.
The Examining Attorney is invited to contact the undersigned with any remaining questions or concerns.
Respectfully submitted,
/Curtis Krechevsky/
Curtis Krechevsky
Cantor Colburn LLP
Attorneys for Applicant Hulu, LLC
Our Ref: HUL0366TUS
Curtis Krechevsky, Esq.
Cantor Colburn LLP
20 Church Street
22nd Floor
Hartford, Connecticut 06103-3207 U.S.A.
Phone: 860-286-2929
Fax: 860-286-0115
Email: TM-CT@cantorcolburn.com
EVIDENCE
Original PDF file:
evi_12227902-20180530094936245468_._EXHIBIT_A.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music,
films, television, and sports; bumper stickers; calendars; stationery; gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay; newspapers; note paper;
notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Address books;
appointment books;
pens;
binders;
bookmarks;
books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films, television, and sports;
bumper stickers;
calendars;
stationery;
gift cards;
non-magnetically encoded gift cards;
gift wrapping paper;
globes;
greeting cards;
guest books;
maps;
memo pads;
modeling clay;
newspapers;
note paper;
notebooks;
notebook paper;
pencils;
pen and pencil cases;
photograph albums;
posters;
writing paper;
writing implementsClass 016 for Address books;
appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films, television, and sports; bumper
stickers; calendars; stationery; non-magnetically encoded gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay; newspapers; note paper; notebooks;
notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for All purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel bags; gym bags; handbags; knapsacks; key
cases; leather key chains; luggage tags; overnight bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: All purpose sport bags;
athletic bags;
backpacks;
beach bags;
book bags;
calling card cases;
change purses;
coin purses;
duffel
bags;
gym bags;
handbags;
knapsacks;
key cases;
leather key chains;
luggage tags;
overnight bags;
purses;
satchels;
textile, mesh, and leather shopping bags;
tote bags;
umbrellas;
walletsClass 018 for All
purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel bags; gym bags; handbags; knapsacks; key cases; luggage tags; overnight
bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail shopping site services featuring streaming or
downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Advertising services;
business-to-business advertising;
online banner advertising and marketing
services;
online retail shopping site services featuring streaming or downloadable audio-visual content in the fields of news, entertainment, sports, comedy,
drama, music, and music videos;
online retail store services featuring downloadable audio-visual content in the fields of news, entertainment, sports, comedy,
drama, music, and music videosClass 035 for Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail store services featuring
downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer
network; transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music;
transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet;
providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand transmission services; providing online
forums and listservers for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a
global computer network;
transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television
programming, videos, music videos, and music;
transmission of video and interactive games;
podcasting and webcasting services;
providing access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet;
providing access to
online forums, chat rooms, listservers for transmission of messages and blogs over the Internet in the fields of news, current event reporting, entertainment, sports, comedy, drama, films,
television, music, and music videos;
providing online electronic bulletin boards for transmission of messages among users in the field of general interest;
web messaging services;
video-on-demand transmission services;
providing online forums and listservers for transmission of
messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videosClass 038 for Broadcasting and streaming of audio-visual media content in the fields of
news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; transmission of downloadable audio-visual media content in the nature of full-length,
partial-length, and clips from motion pictures, television programming, videos, music videos, and music; transmission of video and interactive games; podcasting and webcasting services; providing
access to online forums, chat rooms, listservers for transmission of messages and blogs over the Internet in the fields of news, current event reporting, entertainment, sports, comedy, drama, films,
television, music, and music videos; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand
transmission services; providing online forums and listservers for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education and entertainment services, namely, online services providing audio-visual content in the fields of current event reporting, entertainment, sports, comedy,
drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion pictures, television programming, videos,
music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's
programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others online for streaming or downloading, and on CDs,
DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos; production and rental of audio-visual works,
specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news, entertainment, sports, comedy, drama, music, and music
videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on CDs, DVDs, interactive discs featuring music and music
videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and computer game software; providing blogs in
the nature of an online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring audio-visual content,
specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of current event
reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Education and entertainment services, namely, online services providing audio-visual content in the fields of current event reporting,
entertainment, sports, comedy, drama, music, and music videos;
Education and entertainment services, namely, online services featuring non-downloadable videos
and information in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos;
providing interactive online games;
providing online information via a global computer network on the subjects of motion pictures, television programming, videos, music videos, and music;
providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's programming
preferences;
electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others online for streaming or
downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos;
production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news,
entertainment, sports, comedy, drama, music, and music videos;
production and rental of audio-visual works, specifically, motion pictures, television programming, videos,
music videos, and music, on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos;
rental of video games;
production of video and computer game software;
providing blogs in the nature of an online journal
over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos;
providing a website featuring audio-visual content,
specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of current event
reporting, entertainment, sports, comedy, drama, music, and music videos;
providing a website featuring video and interactive gamesClass 041 for Education and
entertainment services, namely, online services featuring non-downloadable videos and information in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music
videos; providing interactive online games; providing online information via a global computer network on the subjects of motion pictures, television programming, videos, music videos, and music;
providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's programming preferences;
electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others online for streaming or downloading, and on CDs, DVDs, interactive discs
featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion
pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news, entertainment, sports, comedy, drama, music, and music videos; production and
rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on CDs, DVDs, interactive discs featuring music and music videos, and podcasts,
in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and computer game software; providing blogs in the nature of an online
journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring audio-visual content, specifically, motion
pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of current event reporting, entertainment,
sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Signature: /Curtis Krechevsky/ Date: 05/30/2018
Signatory's Name: Curtis Krechevsky
Signatory's Position: Attorney of Record, Massachusetts State Bar Member
Signatory's Phone Number: 860-286-2929
Response Signature
Signature: /Curtis Krechevsky/ Date: 05/30/2018
Signatory's Name: Curtis Krechevsky
Signatory's Position: Attorney of Record, Massachusetts State Bar Member
Signatory's Phone Number: 860-286-2929
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
RAM Sale Number: 87626700
RAM Accounting Date: 05/31/2018
Serial Number: 87626700
Internet Transmission Date: Wed May 30 13:56:45 EDT 2018
TEAS Stamp: USPTO/POA-XX.XXX.XX.X-201805301356451071
63-87626700-6106aaa778c0937866e7ffb2a2de
9c7a1d7cbb18bceeb3a74cafbc4ecebd54754-CC
-190-20180530094936245468